Here is the translation of the court decision analysis:
1. Subject of Dispute: Recognition of information as unreliable regarding the alleged demand by the plaintiff for 100,000 dollars, published by the defendant on the Facebook social network.
2. Main Arguments of the Court:
– The court drew attention to the need to distinguish between facts and value judgments
– It was emphasized that for public figures (deputies), the boundaries of criticism are broader
– The court pointed out the absence of indisputable evidence of the information’s reliability from the defendant’s side
– Emphasis was placed on the importance of maintaining a balance between freedom of expression and protection of an individual’s reputation
3. Court Decision: The Cassation Court canceled previous court decisions and referred the case for a new review to the court of first instance for additional examination of the case circumstances.
Note: The court essentially deviated from the previous practice regarding the burden of proof in cases of reputation protection.
